>> good morning. i am heather childers. >> i am fatly ann brown. today is wednesday december 5th. thank you for watching "fox & friends first". >> time for the 5@5:00. a queens new york man pleaded guilty to terror charges for plotting to blow up synagogues in new york city. he was raised in 2011 while

trying to buy weapons from an under cover cop. he wanted to set off grenades in the biggest synagogue to send a message of intimidation to a jewish community. >> the country's top intelligence officer will be in the hot seat on capitol hill. he will testify behind closed doors on the benghazi terror attacks. they are left with many questions about who changed the cia talking point which originally represents al qaeda. the revised talking points were used by susan rice who blamed the terror attack on an anti islam video. >> we will see who president obama will nominate for his cabinet. national security nominees are expected to be nominated first. hagel could get the nod for defense secretary. who will replace hillary clinton

as secretary of state? lawmakers outraged over reports it could be ambassador susan rice. john kerry also a possibility. >> kate middleton spending her third day in the hospital after suffering an extreme form of morning sickness. >> prince william was 6 hours by her side. he seemed relaxed and even crack add smile. she may have to be hospitalized for several another days from severe nausea. we will have a live report from london. >> christmas came last night to washington with the lighting of the capital christmas tree. >> 3, 2 rn, 1. >> over 10,000 lights covered the 65 foot tree called in from colorado, by the way. house speaker john boehner led the holiday ceremony and an

eagle scout from colorado helped him flip the lights. a beautiful site at the capital. that is your 5@5:00. democrats and republicans are in firm agreement on one thing. they are nowhere near a deal to avoid the so-called fiscal cliff. peter doocy is life in washington with more. >> republicans have had their proposal to avoid the fiscal cliff complete with 800 billion of new revenue over a decade on the table for more than a day now. it has yet to be publicly embraced by the slightest bit by any prominent democrats. because of that gop lawmakers are saying that means the white house wants to go over the fiscal cliff to make it a point. >> howard dean said it patti murray who ran the senator ideal committee. i think the presidency is a political victory for his party

as they go over the cliff. i know republicans are concerned there is going to be a secondary session. >> the white house proposal raises taxes 1.6 trillion over a decade. republicans close loopholes and get rid of deductions. they say the mast won't work. it is still out of balance. it is 800 million worth of revenues. he said he is going to do that by lowering rates. when you look at the map it doesn't work. >> the house majority with kevin mccarthy said yesterday the speaker moved to the middle by putting revenue on the table. jay carney also said the boehner

plan is quote pagic beans and fair redust. peter doocy, live in washington. thank you. chaos in cairo. egyptian president mohammed morsi returning to the presidential palace overnight. he left amid clashes between police and 100,000 protestors. look at that. they are outraged over her recent power grab. it shows there should be great concern about morsi. >> people have said the muslim brotherhood is moderate, it is responsible, it will not be a problem if it takes power has been proven wrong i think beyond a shadow of a doubt. this man is in power through whatever means he can get it. >> steve harrigan has more from cairo on the clashes. >> real escalation by the opposition protestors.

in cairo square they are on the move moving toward egypt's presidential palace. they cut through bashed wire. in the end the protestors had tear gas at the wall of the complex. h mohammed morsi was in the compound. he left not to flee but at the end of a normal workday. he does not reside in that palace. the demonstration shows the agenda is a referendum december 15th. they will be voting on a controversial constitution that has divided the country from secular and islamic parties. the muslim brotherhood will be pushing hard to vote for the president. not clear if the opposition will vote no or abstain from the process entirely. >> steve harrigan in a volatile situation in egypt for us.

thank you. weather update from maria molina. will we be seeing falling companies? >> we kickoff the workweek monday and tuesday with record high temperatures. take a look at some of these temperatures. it is december and a lcross portions of the mid atlanticdeg degrees was the record high temperature. changes are moving on in to portions of the great lakes and midwest and even into the northeast. high temperatures today low 40s in chicago. 38 degrees will be the high temperature in minneapolis. in cleveland 32 degrees for the temperature this afternoon. cooler air moving on in. the reason for that is the cold front for shower across new york city. you will need the umbrellas here and there through out the day as we see the showers pushing through behind this system.

drier air but much colder. you will feel it tomorrow as we head out the door. out west a lot of stormy weather. good news is we are seeing this winding down across portions of the midwest today. northern california you are dealing with heavier downpours through out the day today. as we head into tomorrow and the next couple days a drier pattern is there for the west. tomorrow again much colder 41 degrees will be the high temperature in new york city only 50 in raleigh north carolina loon gnaw. a b -- north carolina. >> it is winter after all. >> thank you so much, maria. appreciate it. while you were sleeping workers at the nation's largest court complex reached an agreement ending an 8 day strike that halted shipping all across the country. lauren simonetti has more. another story you can bank on this morning. this is good news just in time. >> smack in the middle of the holiday shopping season a strike for 8 days at the nation's

busiest port. clerical and dock workers back on the job today after los angeles and long beach. together they handle half of all of the cargo that arrives in the u.s. by sea. total of a billion dollars a day on the ship not delivered to the warehouse. this strike wasn't about salaries or benefits. clerks make nearly 90,000 a year. it was about the belief that the terminal operators wanted to out source future clerical jobs. >> cost the u.s. economy 1 billion a day. >> 8 billion in total. >> good news for the housing industry. >> definitely another sol rid report. home prices rose 6.3 percent in october. that was the biggest increase in more than 6 years. the reason is fewer homes are up for sale. the national association of realtors says supply was down by 22 percent from a year ago. the trend is our friend.

something else that is our friend. holiday office parties are back. >> they are back in a big way. lots of companies got rid of holiday parties. 91 percent are planning holiday parties this year. that comes from the executive search. they are spending most money at law firms and healthcare companies. >> really specifically? >> make sure you maintain your composure at your office party. >> maximum heather, maximum. >> appreciate it as always. >> the time is 10 minutes after the top of the hour. a church buckling under the pressure of a christmas controversy. we will tell you why it won't be a merry christmas for charlie brown after all. then there are always angels to celebrate the season. a behind the scenes look at the victoria secret fashion show. first as we go to break a look at the gas prices. the new national average is

$3.80 that is unchanged from yesterday.

>> too today the supreme court will hear the case of jeffery chase son lost his 5-year-old daughter when she was in scotland with her mom. the wife left the u.s. after being reported for a series of alcohol related crimes. ed hodge is in the hospital. he returns 88 next week is being treated for a respiratory finks. this is the second time he has been hospitalized in the lathes three months. he was treated for anemia in

accepte september. >> a church in arkansas cancelling performances of a charlie brown christmas because it is too religious. >> isn't there any one who knows what christmas is all about? >> come on, it's charlie brown. both sides are speaking out to fox news. ainsley earhardt has the latest on the controversy. >> the elementary cool student were supposed to take the field trip to a church in little rock to see the charlie brown christmas performance. that is until one parents complainted complainted. they say the performance violated the separation of church and state because of the play's religious content and the fact that it was being performed in a church. the group was threatening to school the district. instead the church decided to cancel all of those student

shows. in a statement to fox news radio the church says quote we regret what this issue has become. as a church it is not our desire to put hard-working sacrificial teachers and cast members in harm's way. >> they also tell fox news they had nothing to do with the cancellation. they were planning to go ahead with the field trip despite the threats of the atheist's church. >> they welcome the students to weekend performances there. >> that is too bad ainsley. >> 16 after the hour. still ahead an employee gets his own gun to save his boss who was being held at gun point by a robber. how did auto zone thank him? they fired him? is that legal? a former prosecutor weighs in next. >> could your tax dollars has tax companies expanding. there's one problem. it's in china.

>> welcome back. it is 20 minutes after the top of the hour. solar companies are expanding in china. they made 807 million in tax payer dollars. it is supplying two mega cawatt of panels in person china. sun power received nearly

$540 million. 15 million in a chinese mproduc. kept a log of your private text messages. it could happen if police want their way. they passed a law requiring all carriers to keep your conversation for at least two years. patti ann? >> heather, a virginia auto zone is under fire after firing an employee who saved the store manager's life. a serial robber held a manager at gun point. he ran to his car and grabbed his legal gun ran back in and confronted the suspect. the would be robber fled. instead of being hailed as a hero he was fired for violating auto zone policy. >> they fired me because i re-entered the store with my personal weapon. they have a zero tolerance policy against employees having weapons in the store.

>> so is auto zone's actions legal? we have alex felix. >> auto zone's point is every time you introduce a gun or a second gun into a volatile situation like that it escalates the risk for everyone. >> no good deed goes unpunished. this strikes a lot of people as very unfair in this particular case. he's an air force veteran expecting his first child and regarded his co-workers like family members and he did what any one would do to protect family members. legal splieking auto zone can change the policy. they have a policy of disengage when a potentially dangerous situation arises it says you have to back off disengage retreat and leave it to law enforcement. auto zone said we have zero tolerance when it comes to employees having weapons. when they sglier row tolerance they mean zero tolerance.

>> he was in the store without the gun saw the gun being held at his manager's head snuck out a back door got the gun brought it in and sure enough the guy put his hands up and fled. >> his co-worker said he saved my life. the local sheriff says he's a hero. auto zone sees it a different way. >> they don't have to enforce that policy they can make an exception. >> absolutely. there's nothing stopping auto zone or any other employee from saying we may have a policy that discourages this but we are going to handle it on a case by case basis. prosecutors walk into this courthouses and say judge even though i can prove a crime was committed here. even toe i can prove beyond a reasonable doubt based on the unique circumstances fairness dictates that we not go forward with the prosecution so we are going to dismiss the charges. nothing is stopping auto zone

sure we discourage employees from escalating center lines or bringing guns into the store. he didn't show up with a gun he retrieved his legal weapon when he saw his employee regarded as family in trouble. >> this guy was familiar in the area. he had committed 30 similar armed robberies and no one was hurt in any of the robberies he holds the gun takes the money and runs. this guy said i recognized him. is is there an argument that he is not a violent offender an everything will be fine and now you pull out a gun and maybe there's a shoot out and people die. >> up to this point this guy -- many of us would feel a sense of fear for people we care about. up to this point.

>> this guy is a civilian. a lot of judgment calls you are asking him to make as to what might or might not happen. facebook called for a boycott of auto zone unless maclaine is rehired. rules are rules nobody gets a company's attention more quickly than losing customers to competitors. >> wal-mart employees years ago they threatened to boycott. it wasn't all that effective but it was an interesting case. >> thank you for joining us. >> 25 minutes after the hour.d suicide. >> if he didn't have a gun he and sandra perkins would be alive. >> now the sports anchor is responding to his critics. >> if verizon gets huz way they will be able to hear everything you say during your private phone conversations. fist rst on this day in hisy in 1964, you really got me by

the kinks. ♪

>> welcome back to "fox & friends first". i am patly ati ann browne. >> i am heather childers. >> it is time for your 5@5:30. a mother may face criminal charges if she doesn't bring her

daughter back to the hospital. police have been desperately searching for 11-year-old emily for a week now. she suffers from leukemia. her mother removed her iv snuck her out of an arizona hospital and took off. emily is at risk for inspection a -- infection and could die within days if she doesn't get medical care. >> he said this about guns during half time of sunday night football. >> javon belcher's actions will be analyzed. who knows. but here wrote jason wood lock what i believe. if javon belcher didn't own a gun they would be alive today. >> it was a mistake to push for gun control during the football game. the only people calling it a rant are those who disagree with him. be sure to watch the o'reilly factor tonight as bill o'reilly will talk with bob costas.

a rare public speech by former president george w. bush praising the virtues of immigrati immigration. >> america is a nation of immigrants. immigrants helped builded the country that we have become and i am grants help build dynamic tomorrow ch as our nation debates the proper course of action relating to immigration i hope we do so with a benevolent spirit and keep in mind the contribution of immigrants. >> he gave the speech at a conference focusing on economic growth which the institute co-sponsors. >> they can hear you now verizon filing a patent for targeting ads some say are way too intrusive. the new technology would let people listen in on conversations and deekt the amount of people in your living room. >> they would be able to determine if a viewer is exercising eating or laughing then show ads based on a person's mood.

it's the moment you have been waiting for, heather. angel am brosch yaw kicking off the victoria fashion show in her $2.5 milli $2.5 million fantasy bra. >> the models strutted their stuff on the runway while justin bieber, bruno mars and rihanna sang along side them. ♪ >> and that's your 5@5:30. that's some expensive underwear right there. >> the time to reach a deal to avoid the so-called fiscal cliff is narrowing. but the gap between democrats and republicans seems to be going in the opposite direction. doug luzader has the latest. >> the president meets with business leaders at the white house to look at the focus of the fiscal cliff debate.

they would bear the blame if we do go over the edge. the president sat down with bloomberg news yesterday to talk about this. he said he might be willing to budge on some things but tax rates on the wealthy must go up. republicans should agree to raise them he says now and trust them that spending cuts will go away. >> let's put a down payment on taxes let's let tax rates on the upper income folks go up. >> they have heard these problems before any deal must tackle entitlements such as medicare and social security to put them on a sustainable path. vice presidential candidate and budget chairman paul ryan says the overall thinking has to change. >> the problem they are the same. but the old ways won't do. we need new thinking and renewed efforts from all americans.

look, it is true that president obama won reelection. i congratulate him on his victory. but on january 20th, he will face a stagnant economy and a fiscal mess. you might even say he will inherit these problems. >> this has become a public relations issue, too. yesterday the white house had to admit in fact they had summoned a number of liberal talk show hosts mk s nbc and others. thank you, doug. kate middleton is spending her third day in the hospital. the royal mom to be is said to be recovering. she faces up to 6 months of misery from her severe morning sickness. paul harrison joins us live from london with an update. hi, paul.

>> this is the third day that the dutches of cambridge is now in the hospital. she came in monday suffering from acute morning sickness. there was a statement issued by sir james palace last night shortly after the duke of cambridge departed the hospital after being here for 6 hours or so. in the statement they said case is feeling much better. the duke and dutches were grateful for the good wishes they have been getting inside the hospital while they have been here. they did add that kate will for the president time remain in the hospital. how long that will be in quite possible she will be discharged today but more likely it will be the end of the week. we haven't seen any one come to visit kate so far. the duck arrived around about now normally every day and spends all day here.

so far no sign of him. >> live in london. thank you. hope she gets bert for sure. >> before you leave the house this morning let's get the first degree weather update with maria molina. a lot of the country will see colder temperatures today. >> that's right. we will see a bit of a pattern shift not only today but as we head into the weekend. we will see the colder air dipping southward. we are enjoying temperatures that have been record setting mid atlantic across portions of the plains. we are about to see a reality check. that has arrived through parts of the midwest. an hour ago it was 27 degrees. cooler ougt there across indian parts of illinois and into michigan and wisconsin. the cooler air mass starting to head eastbound. minneapolis this morning you are looking at a current temperature at 20 degrees. 30 in chicago. you will need found el up.

the colder air is heading eastbound. southeast will be able to impact later on tonight and into tomorrow. eye temperatures not warming a whole lot. today high temperatures not too bad across the southeast. 54 the high temperature in new york city and across texas. not too bad in the 70s. it is december supposed to be a little cooler out here than it has been for the last couple days. cold front headed eastbound and will be firing up showers. we are already seeing that across portions of new england and parts of mississippi and louisiana. heather, patti ann? >> thank you very much. it is december, right? >> it is time now to entertain this. the hollywood sign looking it's best after a major make-over. the biggest in 34 years. it's nine 50-foot tall letters were refurbished and given a fresh coat of paint in time for the 90th birthday. angelina jolie ready to quit

acting? jolie says she is going to give it up when her kids hit the teens. she added while she is fortunate to have the job if it all went away tomorrow she would be very happy at home. he was once among hollywood's top office. >> the plans have been changed. not supposed to be any right angles on the building. now eddie murphy has the dubious honor of being crowned the most over made actor according to sports magazine. katherine heigl came in second, reese witherspoon in third. >> time now for your starting lineup. the top sports stories for you this morning. he's the head of the class this year for the pga. 23-year-old roy mac elroy named the tour player of the year for 2012. he has four wins including the pga championship, mac ill roy t mcilroy the youngest since tiger

woods. he made play for gangrene but tim de bow has a heart of gold. he call twoed teenagers who were hurt in a car crash in up state new york that left two other ca classmates dead. the teen's friends launched a campaign on twitter for tebow to call. missy franklin also tried reaching out. andre johnson helping at risk children score some major joy this christmas season. he gave 12 kids 80 seconds to go on a shopping spree at toys r' us and grab as many toys as possible. can you image how happy the kids are. the total tab more than 19,000 dollars. good for him and good for them. the time now is 39 after the top of the hour. coming up this may not be very good for your health. 159 pages of new regulations from the irs heading your way. it's all thanks to obama care. diane macedo explains.

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>> 43 minutes after the top of the hour. headlines overseas. first to egypt. president morsi return to go his palace after fleeing yesterday. police and more than 1,000 protestors clashing outside. they are outraged over the ower grab. more than 200 are dead and hundreds are missing after a powerful typhoon hit the country. the storm caused flash flooding and triggered land slides

destroying hundreds of homes. rescuers are trying to reach isolated communities to help survivors. patti ann. >> this may not be very good for your health. 159 pages of new regulations from the irs heading your way all thanks to obama care. here i-94 to break them down for us is diane macedo from the fox business network. >> that's right. the irs is releasing the rules on how to implement the new taxes that will take effect in 2013 to help pay for the affordable care act. one of the main runs is 3.8 percent sir tax on the investment income. the first tax ever to be applied to capital gains and dividend income. it is a broad range of investment securities and those making thmore than 200,000 a ye and married couples making more than 250,000. they are set to pay a .9 percent healthcare tax on their wages. together the two taxes are supposed to raise 318 billion

over ten years. over those years more and more people will be taking them because the income level triggered the taxes doesn't rise with inflation. any one planning to sell a house make more than 500,000 and those gains will also be taxed. they will release a new form for taxpayers to fill out. 1230 returns related to all of the new taxes. all of the rules make it harder for individuals to comply with the regulations. believe it or not experts say they still leave questions unanswered like how rental income will be treated for example. you can expect more clarification from the irs going forward. in the meantime you have 160 pages to keep you busy. >> i will start right now. thank you. the time is 15 minutes to the top of the hour. still ahead we told you about energy drinks we investigated for possibly making people sick. now an anti energy drink is being blamed for making kids

sick. >> is your diet a dud? can may not be what you meet it may be what you think. >> good morning ladies. coming up you will meet a guy who has recently been retired. wait a minute. why is my 13-year-old daughter also eligible for social security benefits. you will be amazed to hear the story. also a camp toeachers? one said no he is leaving the union. and super model stopping by. you know the jeopardy winner? he has written about book. stay away from the christmas poinsettia the leaves are poisonous. is that true? you have to stick around. it's not. fox and friends kikts ocks off

minutes from now. i always wait until the last minute. can i still ship a gift in time r christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery. ♪ [ male announcer ] campbell's green bean casserole. it's amazing what soup can do

>> 11 minutes until the top of the hour. the federal government slapped with another lawsuit. a california oyster farmer is asking them to allow the 40 year leak to expire. as a result he and 30 of the employees will lose their job. the land will be designated a marine wilderness area. if you have been on a diet and thought the forbidden piece of chocolate you snuck tastes so good guilt food taste better than they otherwise who you are on a diet. have you ever tried to drop a couple pounds chances are you have bought into the multi-million dollar diet industry. if you still haven't dropped those unwanted pounds they mit

may not be your diet. it could be all in your head. 75 percent of over heatieating caused by euyour emotions. how do you take control? >> clinical sipsychiatrist and author of end of emotional eating joins us with tips. all in our heads. 75 percent of it. >> a lot of it is in our heads. the good news is if it's in your head traditional diets don't work. thr but there are solutions. if you feel like you have tried everything there are solutions that might make a difference. >> what do you do? how do you get that under control? >> around the holidays a lot of people have the idea egg nothing ginger bred i have to engull j the holiday won't be the same. you could notice there is the ginger bread thought watching the thoughts is different than believing everything we think. even saying to yourself i have the thought that that person doesn't like me is so different

than no one likes me. >> the next step practice acceptance. >> you could all try this at home. if you are sitting in traffic make a terrible mean face and clench up and notice what that is like then relax your face an body and notice what that is like. if you practice accepting your feelings and practice accepting urges they rise and fall they are like visitors that come your way. you have an urge for a treat you can notice that it comes and goes. researchers found acceptance of food cravings is the best way to deal with that. >> wait for it to pass. >> the quality of patience and not fighting. >> add compassion is your last tip. >> compassion so often we beat ourselves up. a lot of people use comfort foods to comfort them. but the thing that is most comforting is using yourself yourself. i feel anxious is hard rather than munching. a lot of people eat even more because they feel badly about

having eaten. a lot of people need to learn how to normalize or step back it's okay because i over ate. >> love yourself more than that ginger bread cookie. >> thank you. the time now is 52 after the top of the hour. if you thought dinosaurs were a stink you thoug-- were extinct. you are wrong. t rex around town. help from the air force's best pilot. the capital one cash rewards card gives you 1% cash back on all purchases, plus a 50% annual bonus. and everyone likes 50% more... [ midwestern/chicago accent ] cheddar! yeah! 50 percent more [yodeling] yodel-ay-ee-oo. 50% more flash. [ southern accent ] 50 percent more taters. that's where tots come from. [ male announcer ] the capital one cash rewards card gives you 1% cash back on every purchase

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and keeps it clearer up to 9 months. [ male announcer ] because enbrel®, etanercept, suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal, events including infections, tuberculosis, lymphoma, other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, while on enbrel, you experience persistent fever, bruising, bleeding, or paleness. if you've had enough, ask your dermatologist about enbrel. ♪ >> four minutes until the top of the hour. we'll look at the good, bad and ugly. first the good. a jack russell terrier rescued in a pond. he got stuck chasing ducks .

he is fine. the bad, a drink named after bob marley. marley's mellow mood is a 100 anti-energy drink . finally the ugly, jurassic park come to life in ohio? as you can see unsuspecting folks got the surprise of their lives when a fake t-rex popped at them. it was pulled off by two local comedians. >> santa making a special flight to deliver toys to those left devastated by those hurt by hurricane sandy. he got help. >> santa hitching a ride abord blue angel support plane fat

albert. there are no aerobatics. the pilot said it is in keeping of show casing the nave yemarines. >> we get to go all over the world and help people out. it is special to come to our back yard and our neighborhoods and do the same thing for our folks . bringing toys to kids can't get better than that. >> the aircraft is the military equivalent of santa's sleigh. these toys are heading to new jersey to lift of the spirits of chdren affected by hurricane sandy. >> i like the military and everything. it was awesome meeting everybody and talking to everybody and also getting the presents. >> his father is a volunteer firefighter and helped perform rescue while his own home was taking on water. >> i would rather be giving and helping than receiving.

it is nice to know that there is much love and appreciation for everybody. >> in addition to helping families, toys for tots is assisting the charities. at a time when they can't think of toys when they are focusing on basics of food and water. >> families want to have a holiday eep though they are in hotel rooms and couches of friends. this will help us. >> christmas cheer delivered on wippings of angels. this is fox news. >> i think that is the real santa there. >> i have seen the blue angels. they are fantastic. time for the awesomely bad christmas cards and photos. here is one from georgia. mom and dad having trouble getting their son marshall to sit still for a picture with